Case: Al Otro Lado v. Mayorkas

3:23-cv-01367 | U.S. District Court for the Southern District of California

Filed Date: July 27, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action challenged a U.S. Customs and Border Patrol (CPB) practice known as the “CBP One Turnback Policy” (the “Turnback Policy”) which included turning back arriving noncitizens without CBP One appointments – scheduled via a smartphone application – at or near Class A Points of Entry (POE).  On July 27, 2024, Al Otro Lado, Inc and Haitian Bridge Alliance, two immigrants’ rights non-profits, and ten individual plaintiffs on behalf of similarly situated people, filed suit against the S…

This class action challenged a U.S. Customs and Border Patrol (CPB) practice known as the “CBP One Turnback Policy” (the “Turnback Policy”) which included turning back arriving noncitizens without CBP One appointments – scheduled via a smartphone application – at or near Class A Points of Entry (POE). 

On July 27, 2024, Al Otro Lado, Inc and Haitian Bridge Alliance, two immigrants’ rights non-profits, and ten individual plaintiffs on behalf of similarly situated people, filed suit against the Secretary of the U.S. Department of Homeland Security (DHS), and two officials of the CPB. Plaintiffs were represented by the Center for Gender and Refugee Studies and private counsel. The case was filed in the United States District Court for the Southern District of California and assigned to Judge Andrew G. Schopler. 

The Complaint alleged that the CBP’s practice of turning back asylum seekers who failed to make appointments via the smartphone app “CPB One” violated the Accardi Doctrine (the notion that an agency is required to adhere to its own internal operating procedures), and the Administrative Procedures Act (APA) by being contrary to law, arbitrary and capricious, and in excess of statutory authority. The plaintiffs also alleged that the Turnback Policy violated their Fifth Amendment right to Due Process by depriving them of the right under the INA “to be inspected and processed at a POE and granted access to the asylum process.” Lastly, the plaintiffs claimed the Turnback Policy was a violation of the Non-Refoulement Doctrine, actionable under the Alien Tort Statute, 28 U.S.C. § 1350, which prohibits countries from returning a person to a country where they face a risk of irreparable harm. Plaintiffs sought class certification, declaratory relief, permanent injunctive relief, and attorneys fees.

On July 31, 2023, the plaintiffs filed a notice of related case, Al Otro Lado, Inc. et al. v. Alejandro Mayorkas et al., Case No. 3:17-cv-02366-BAS-KSC. The case challenged the government’s policy and practice of turning back asylum seekers who were arriving at Class A ports of entry on the U.S., but did not challenge the specific CPB One Turnback Policy. 

On August 9, 2023, one of the ten individual plaintiffs filed a Notice of Voluntary Dismissal. On the same day, the remaining plaintiffs filed a Motion to Certify Class and a Motion for Preliminary Injunction. The plaintiffs aimed to certify a class of “[a]ll noncitizens who seek or will seek to present themselves at a Class A POE on the U.S.-Mexico border to seek asylum, and were or will be prevented from accessing the U.S. asylum process by or at the direction of defendants based on the CBP One Turnback Policy.” 

The court held a hearing on both motions on October 13, 2023. During the hearing, the court issued a minute order denying plaintiffs’ Motion for Preliminary Injunction and Motion for Provisional Class Certification as moot. In denying the preliminary injunction, the court reasoned that the injunction would interfere with the government's operation of the inspection and asylum interview provisions under the Immigration and Nationality Act (INA). Specifically, the court noted that an injunction was barred in light of the Supreme Court’s ruling in Garland v. Gonzalez, which held that § 1252(f)(1) of the INA deprived the district courts of jurisdiction to hear the respondents’ requests for class-wide injunctive relief. 

On November 7, 2023, the plaintiffs filed a notice of interlocutory appeal of the injunction and class certification rulings to the United States Ninth Circuit Court of Appeals (USCA 23-3396). 

On November 13, 2023, the defendants filed a Motion to Dismiss the suit for failure to state a claim and lack of jurisdiction. The government denied that any such “CBP One Turnback Policy” existed.

On September 30, 2024, the court granted in part and denied in part defendant’s Motion to Dismiss. The court dismissed (1) all parts of the Accardi and APA claims that sought to enjoin persons outside of U.S. federal agencies, such as Mexican officials, and (2) the Alien Tort Statute claim. The defendants filed a Motion for Reconsideration of the Motion to Dismiss on October 28, 2024.

The parties, out of interest in judicial economy, filed a Joint Motion to Stay Proceedings on November 22, 2024, in light of the transition to the Trump Administration, which the parties stated may cause significant changes to the Turnback Policy. The parties agreed to file a Joint Status Report by February 20, 2025.

The court granted the Joint Motion to Stay Proceedings on November 22, 2025, and ordered a Status Report to be filed on March 1, 2025, and every two months thereafter. The parties filed their first Joint Status Report on February 28, 2025. The next Status Report is Due May 1, 2025.

The case remains ongoing.

Summary Authors

Colton French (4/14/2025)

Related Cases

Al Otro Lado v. Kelly, Southern District of California (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67645431/parties/al-otro-lado-inc-v-mayorkas/


Judge(s)
Attorney for Plaintiff

Borroto, Gianna (California)

Chakravartula, Neela O. (California)

Crow, Melissa E. (California)

Farag, Nataly (California)

Attorney for Defendant

CV, U S (California)

Documents in the Clearinghouse

Documents in this case
1

3:23-cv-01367

Class Action Complaint for Vacatur, Declaratory Judgment, and Injunctive Relief

July 27, 2023

July 27, 2023

Complaint
63

3:23-cv-01367

Motion Hearing

Oct. 23, 2023

Oct. 23, 2023

Transcript
90

3:23-cv-01367

Order Granting In Part Defendants' Motion to Dismiss

Sept. 30, 2024

Sept. 30, 2024

Order/Opinion

2024 WL 4370577

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67645431/al-otro-lado-inc-v-mayorkas/

Last updated July 1, 2026, 7:36 a.m.

ECF Number Date Description Link
1 July 27, 2023

COMPLAINT against Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino ( Filing fee $ 402 receipt number ACASDC-18055020.), filed by Michelle Doe, Natasha Doe, Diego Doe, Luisa Doe, Haitian Bridge Alliance, Al Otro Lado, Inc., Somar Doe, Guadalupe Doe, Alexander Doe, Elena Doe, Laura Doe, Pablo Doe. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:23-cv-1367-AGS-BLM. Judge Andrew G. Schopler and Magistrate Judge Barbara Lynn Major are assigned to the case. (Matthew H. Marmolejo)(rxc) (sjt). (Entered: 07/28/2023)

1 Civil Cover Sheet

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Clearinghouse
2 July 28, 2023

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (rxc) (sjt). (Entered: 07/28/2023)

RECAP
3 July 28, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18056818.) (Application to be reviewed by Clerk.) (Crow, Melissa) (Entered: 07/28/2023)

RECAP
4 July 28, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18056657.) (Application to be reviewed by Clerk.) (Medlock, Stephen) (Entered: 07/28/2023)

RECAP
5 July 28, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18056858.) (Application to be reviewed by Clerk.) (Rashmawi, Rami Abdallah) (Entered: 07/28/2023)

RECAP
6 July 28, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18056889.) (Application to be reviewed by Clerk.) (Farag, Nataly) (Entered: 07/28/2023)

RECAP
7 July 28, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18056961.) (Application to be reviewed by Clerk.) (Rant, Alexander) (Entered: 07/28/2023)

RECAP
8 July 28, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18056974.) (Application to be reviewed by Clerk.) (Miller, Evan) (Entered: 07/28/2023)

RECAP
9 July 28, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18057589.) (Application to be reviewed by Clerk.) (Lev, Ori) (Entered: 07/28/2023)

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10 July 28, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18057629.) (Application to be reviewed by Clerk.) (Webster, Michelle) (Entered: 07/28/2023)

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11 July 28, 2023

Corporate Disclosure Statement by Al Otro Lado, Inc. No Corporate Parents/Interested Parties. (Marmolejo, Matthew) (jms). (Entered: 07/28/2023)

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12 July 28, 2023

Corporate Disclosure Statement by Haitian Bridge Alliance. No Corporate Parents/Interested Parties. (Marmolejo, Matthew)(jms). (Entered: 07/28/2023)

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13 July 28, 2023

NOTICE of Party With Financial Interest by Al Otro Lado, Inc. No Parties With Financial Interest. (Marmolejo, Matthew) (jms). (Entered: 07/28/2023)

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14 July 28, 2023

NOTICE of Party With Financial Interest by Haitian Bridge Alliance . No Parties With Financial Interest. (Marmolejo, Matthew)(jms). (Entered: 07/28/2023)

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15 July 31, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18059342.) (Application to be reviewed by Clerk.) (Pauw, Robert) (rmc). (Entered: 07/31/2023)

RECAP
16 July 31, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18059938.) (Application to be reviewed by Clerk.) (Borroto, Gianna) (rmc). (Entered: 07/31/2023)

RECAP
17 July 31, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18060516.) (Application to be reviewed by Clerk.) (Mathur, Suchita) (rmc). (Entered: 07/31/2023)

RECAP
18 July 31, 2023

NOTICE OF RELATED CASE(S) by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance of case(s) 3:17-cv-02366-BAS-KSC . (Marmolejo, Matthew)(jms). (Entered: 07/31/2023)

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19 Aug. 1, 2023

Request to Appear Pro Hac Vice (Filing fee received: $213.00 receipt number ACASDC-18063282.)(Application to be reviewed by Clerk.)(Fenn, Matthew)(jrd) (Entered: 08/01/2023)

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20 Aug. 1, 2023

NOTICE OF RELATED CASE(S) by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance of case(s) Al Otro Lado, Inc. et al. v. Alejandro Mayorkas et al., Case No. 3:17-cv-02366-BAS-KSC (Corrected). (Marmolejo, Matthew)(jms). (Entered: 08/01/2023)

RECAP
21 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Evan David Miller, re 8 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

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22 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Robert Pauw, re 15 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

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23 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Alexander Rant, re 7 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

RECAP
24 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Rami Abdallah Rashmawi, re 5 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

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25 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Michelle N. Webster, re 10 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

RECAP
26 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Gianna Borroto, re 16 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

RECAP
27 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Melissa E. Crow, re 3 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

RECAP
28 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Nataly Farag, re 6 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

RECAP
29 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Matthew Ellis Fenn, re 19 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

RECAP
30 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Ori Lev, re 9 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

RECAP
31 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Suchita D. Mathur, re 17 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

RECAP
32 Aug. 2, 2023

ORDER Approving the Pro Hac Vice Application of Stephen M. Medlock, re 4 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/1/2023.(rmc) (Entered: 08/02/2023)

RECAP
33 Aug. 8, 2023

SUMMONS Returned Executed by Michelle Doe, Natasha Doe, Diego Doe, Luisa Doe, Haitian Bridge Alliance, Al Otro Lado, Inc., Somar Doe, Guadalupe Doe, Alexander Doe, Elena Doe, Laura Doe, Pablo Doe. Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino served. (Lev, Ori) (jms). (Entered: 08/08/2023)

RECAP
34 Aug. 8, 2023

NOTICE of Appearance by Katherine J Shinners on behalf of Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino (Shinners, Katherine)Attorney Katherine J Shinners added to party Alejandro N. Mayorkas(pty:dft), Attorney Katherine J Shinners added to party Troy A. Miller(pty:dft), Attorney Katherine J Shinners added to party Diane J. Sabatino(pty:dft) (jms). (Entered: 08/08/2023)

RECAP
35 Aug. 9, 2023

NOTICE of Voluntary Dismissal by Alexander Doe Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) (Marmolejo, Matthew) (jms). (Entered: 08/09/2023)

RECAP
36 Aug. 9, 2023

MOTION to Proceed Pseudonymously by Al Otro Lado, Inc., Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Stephen M. Medlock in Support, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(Marmolejo, Matthew) (jms). (Entered: 08/09/2023)

RECAP
37 Aug. 9, 2023

MOTION to Certify Class - Plaintiffs' Notice of Motion and Motion for Provisional Class Certification by Al Otro Lado, Inc., Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Stephen M. Medlock in Support of, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25)(Marmolejo, Matthew) (jms). (Entered: 08/09/2023)

RECAP
38 Aug. 9, 2023

MOTION for Preliminary Injunction - Notice of Motion and Motion for Preliminary Injunction by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Ori Lev in Support of, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27)(Lev, Ori) (jms). (Entered: 08/09/2023)

1 Memo of Points and Authorities

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2 Declaration of Ori Lev in Support of

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14 Exhibit 12

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29 Exhibit 27

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39 Aug. 10, 2023

MOTION for Preliminary Injunction (Corrected) by Al Otro Lado, Inc., Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Ori Lev, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27)(Lev, Ori)(jms). (Entered: 08/10/2023)

RECAP
40 Aug. 11, 2023

NOTICE of Lodgment by Al Otro Lado, Inc., Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance re 37 MOTION to Certify Class - Plaintiffs' Notice of Motion and Motion for Provisional Class Certification, 39 MOTION for Preliminary Injunction (Corrected) Audio Recordings (Lev, Ori)(jms). (Entered: 08/11/2023)

RECAP
41 Aug. 18, 2023

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-18117750.) (Application to be reviewed by Clerk.) (Melloy Goettel, Katherine) (rmc). (Entered: 08/18/2023)

RECAP
42 Aug. 21, 2023

ORDER Approving the Pro Hac Vice Application of Katherine E. Melloy Goettel, re 41 Request to Appear Pro Hac Vice. Signed by District Judge Andrew G. Schopler on 8/21/2023.(rmc) (Entered: 08/21/2023)

RECAP
43 Aug. 29, 2023

Ex Parte MOTION for Order Setting Briefing Schedule for Class Certification and Preliminary Injunction Motions by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Declaration of Stephen Medlock, # 2 Proposed Order)(Medlock, Stephen) (jms). (Entered: 08/29/2023)

1 Declaration of Stephen Medlock

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2 Proposed Order

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44 Aug. 30, 2023

ORDER (AGS): The unopposed motion to set a briefing schedule (ECF 43 ) is granted. But, due to the court's schedule, the upcoming motion hearing date is reset to October 13, 2023, at 10:00 a.m. The hearing will take place over Zoom, and the Court will send a link to all counsel of record shortly before the hearing. Signed by District Judge Andrew G. Schopler on 08/30/2023. (no document attached) (mxa) (Entered: 08/30/2023)

RECAP
Aug. 30, 2023

Order on Motion for Order

45 Aug. 31, 2023

Ex Parte MOTION to Modify Briefing Schedule for Class Certification and Preliminary Injunction Motions (Unopposed) by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino. (Attachments: # 1 Declaration of Katherine Shinners)(Shinners, Katherine) (aas). (Entered: 08/31/2023)

RECAP
46 Aug. 31, 2023

NOTICE of Supplemental Facts by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance re 39 MOTION for Preliminary Injunction (Corrected) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Medlock, Stephen) (aas). (Entered: 08/31/2023)

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47 Sept. 1, 2023

ORDER (AGS): The unopposed motion for an extension (ECF 45 ) is granted. The response is now due September 13, 2023. The reply is now due September 29, 2023. Signed by District Judge Andrew G. Schopler on 09/01/2023. (no document attached) (mxa) (Entered: 09/01/2023)

RECAP
Sept. 1, 2023

Order on Motion for Miscellaneous (Other 1)

48 Sept. 13, 2023

RESPONSE in Opposition re 37 MOTION to Certify Class - Plaintiffs' Notice of Motion and Motion for Provisional Class Certification filed by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino. (Attachments: # 1 Declaration of Katherine Shinners, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Shinners, Katherine) (jms). (Entered: 09/13/2023)

1 Declaration of Katherine Shinners

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49 Sept. 13, 2023

**Document Withdrawn per 51 ** RESPONSE in Opposition re 39 MOTION for Preliminary Injunction (Corrected) filed by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino. (Attachments: # 1 Declaration of Katherine Shinners, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Shinners, Katherine) qc mailer sent to withdraw (jms). (Entered: 09/13/2023)

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50 Sept. 13, 2023

RESPONSE in Opposition re 39 MOTION for Preliminary Injunction (Corrected) [CORRECTED] filed by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino. (Attachments: # 1 Declaration of Katherine Shinners, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Shinners, Katherine) (jms). (Entered: 09/13/2023)

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51 Sept. 14, 2023

NOTICE OF WITHDRAWAL OF DOCUMENT by Diane J. Sabatino, Troy A. Miller, Alejandro N. Mayorkas re 49 Response in Opposition to Motion, filed by Diane J. Sabatino, Troy A. Miller, Alejandro N. Mayorkas . (Shinners, Katherine) (jms). (Entered: 09/14/2023)

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52 Sept. 20, 2023

Ex Parte MOTION for Extension of Time to File Answer re 1 Complaint,, by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino. (Attachments: # 1 Declaration of Katherine Shinners)(Shinners, Katherine) (jms). (Entered: 09/20/2023)

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53 Sept. 21, 2023

ORDER (AGS): Defendant's motion for an extension (ECF 52 ) is taken under advisement. Plaintiff must file any opposition by September 26, 2023. Signed by District Judge Andrew G. Schopler on 09/21/2023. (no document attached) (mxa) (Entered: 09/21/2023)

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54 Sept. 21, 2023

Defendants' Notice of Exhibits to Ex Parte Application to Stay Deadline to Respond to Complaint Pending Ruling on Plaintiffs' Provisional Class Certification and Preliminary Injunction Motions by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shinners, Katherine) (jms). (Entered: 09/21/2023)

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Sept. 21, 2023

Order on Motion for Extension of Time to Answer

55 Sept. 22, 2023

NOTICE of Appearance by Jason Wisecup on behalf of Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino (Wisecup, Jason)Attorney Jason Wisecup added to party Alejandro N. Mayorkas(pty:dft), Attorney Jason Wisecup added to party Troy A. Miller(pty:dft), Attorney Jason Wisecup added to party Diane J. Sabatino(pty:dft) (jms). (Entered: 09/22/2023)

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56 Sept. 22, 2023

RESPONSE in Opposition re 52 Ex Parte MOTION for Extension of Time to File Answer re 1 Complaint,, filed by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Medlock, Stephen) (jms). (Entered: 09/22/2023)

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57 Sept. 25, 2023

REPLY to Response to Motion re 52 Ex Parte MOTION for Extension of Time to File Answer re 1 Complaint,, filed by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino. (Shinners, Katherine) (alns). (Entered: 09/25/2023)

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58 Sept. 25, 2023

ORDER (AGS): Defendants' motion for an extension (ECF 52 ) is granted in part. In the interests of judicial efficiency, the Court will continue the answer date until after the October 13, 2023 hearing. The parties must be ready to address an appropriate new date for an answer at that time. Signed by District Judge Andrew G. Schopler on 09/25/2023. (no document attached) (mxa) (Entered: 09/25/2023)

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Sept. 25, 2023

Order on Motion for Extension of Time to Answer

59 Sept. 29, 2023

REPLY to Response to Motion re 37 MOTION to Certify Class - Plaintiffs' Notice of Motion and Motion for Provisional Class Certification filed by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Declaration Declaration of Stephen M. Medlock, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Lev, Ori) (jms). (Entered: 09/29/2023)

1

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60 Sept. 29, 2023

REPLY to Response to Motion re 39 MOTION for Preliminary Injunction (Corrected) filed by Al Otro Lado, Inc., Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Declaration of Aaron Reichlin Melnick)(Lev, Ori) (jms). (Entered: 09/29/2023)

1 Declaration of Aaron Reichlin Melnick

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61 Oct. 4, 2023

NOTICE of Lodgment by Al Otro Lado, Inc., Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance re 59 Reply to Response to Motion, (Lev, Ori) (jms). (Entered: 10/04/2023)

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62 Oct. 13, 2023

MINUTE ENTRY and ORDER (AGS): On October 13, 2023, the Court held a motion hearing. For the reasons set out on the record, plaintiffs' motion to proceed pseudonymously (ECF 36 ) is granted, the motion for preliminary injunction (ECF 39 ) is denied, and the motion for provisional class certification (ECF 37 ) is denied as moot. By November 13, 2023, defendants must file their responsive pleading. Signed by District Judge Andrew G. Schopler on 10/13/2023. (CD# 10/13/2023 AGS 10:00-11:22). (Court Reporter: Tricia Rosate). (Plaintiff Attorneys Suchita D. Mathur & Evan David Miller). (Defendant Attorney Katherine J. Shinners). (no document attached) (mxa) Modified on 10/16/2023 to include the Court Reporter (lrc). (Entered: 10/13/2023)

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Oct. 13, 2023

Motion Hearing AND Order on Motion for Miscellaneous (Other 1) AND Order on Motion for Preliminary Injunction AND Order on Motion for Preliminary Injunction AND Order on Motion to Certify Class

63 Oct. 23, 2023

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 10/13/2023, before Judge Andrew G. Schopler. Court Reporter/Transcriber Tricia Rosate. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/13/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (jms) (Entered: 10/23/2023)

Clearinghouse
64 Nov. 7, 2023

NOTICE OF INTERLOCUTORY APPEAL to the 9th Circuit as to 62 Order on Motion for Miscellaneous (Other 1),,, Order on Motion to Certify Class,,, Order on Motion for Preliminary Injunction,,,,,, Motion Hearing,, by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. ( Filing fee $ 505 receipt number ACASDC-18331964.) (Medlock, Stephen) (dim). (Entered: 11/07/2023)

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65 Nov. 9, 2023

Joint MOTION for Leave to File Excess Pages for Briefing on Motion to Dismiss by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino. (Shinners, Katherine)(jms). (Entered: 11/09/2023)

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67 Nov. 9, 2023

USCA Case Number: 23-3396 for 64 Notice of Interlocutory Appeal to 9th Circuit, filed by Pablo Doe, Luisa Doe, Michelle Doe, Alexander Doe, Somar Doe, Al Otro Lado, Inc., Diego Doe, Guadalupe Doe, Elena Doe, Laura Doe, Natasha Doe, Haitian Bridge Alliance. (dim) (jrd). (Entered: 11/13/2023)

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66 Nov. 13, 2023

ORDER (AGS): The parties' joint motion to expand the page limits (ECF 65 ) is granted. For the purposes of the upcoming motion to dismiss, defendants' motion to dismiss is limited to 35 pages, plaintiffs' response is limited to 45 pages, and defendants' reply is limited to 20 pages. Signed by District Judge Andrew G. Schopler on 11/13/2023. (no document attached) (mxa) (Entered: 11/13/2023)

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68 Nov. 13, 2023

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit 1 (Nov. 2021 Guidance), # 3 Exhibit 2 (Sept. 2023 Watson Decl.))(Shinners, Katherine)Hearing date not set (jms). (Entered: 11/13/2023)

1 Memo of Points and Authorities

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2 Exhibit 1 (Nov. 2021 Guidance)

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3 Exhibit 2 (Sept. 2023 Watson Decl.)

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Nov. 13, 2023

Order on Motion for Leave to File Excess Pages

69 Nov. 30, 2023

Joint MOTION for Extension of Time to File Response/Reply as to 68 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Medlock, Stephen) (jms). (Entered: 11/30/2023)

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70 Dec. 1, 2023

ORDER (AGS): The parties' joint motion for an extended briefing schedule (ECF 69 ) is granted. Plaintiffs' response is now due January 12, 2024, and defendants' reply is due February 12, 2024. The hearing date is vacated and may be reset as necessary after the briefing is complete. Signed by District Judge Andrew G. Schopler on 12/01/2023. (no document attached) (mxa) (Entered: 12/01/2023)

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Dec. 1, 2023

Order on Motion for Extension of Time to File Response/Reply

71 Jan. 12, 2024

MOTION to Withdraw as Attorney by Al Otro Lado, Inc., Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Declaration of Ori Lev)(Lev, Ori) QC Mailer sent 1/16/2024 re: Wrong Attorney s/ (bdc). (Entered: 01/12/2024)

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72 Jan. 12, 2024

RESPONSE in Opposition re 68 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Al Otro Lado, Inc., Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Webster, Michelle) QC Mailer sent 1/16/2024 No hearing date (bdc). (Entered: 01/12/2024)

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73 Jan. 16, 2024

MOTION to Withdraw as Attorney by Al Otro Lado, Inc., Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Declaration Declaration of Ori Lev)(Webster, Michelle) (jms). (Entered: 01/16/2024)

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74 Jan. 23, 2024

ORDER (AGS): Attorney Levi's motion to withdraw (ECF 73 ) is granted. The Clerk is directed to terminate Attorney Levi from the docket. The prior motion (ECF 71 ) seeking the same relief is denied as moot. Signed by District Judge Andrew G. Schopler on 01/23/2024. (no document attached) (mxa) (Entered: 01/23/2024)

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Jan. 23, 2024

Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney

75 Feb. 12, 2024

REPLY to Response to Motion re 68 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino. (Shinners, Katherine) (jms). (Entered: 02/12/2024)

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76 May 17, 2024

MOTION to Withdraw as Attorney by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Affidavit in Support of Motion to Withdraw)(Melloy Goettel, Katherine) (jms). (Entered: 05/17/2024)

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77 May 20, 2024

ORDER (AGS): Attorney Goettel's motion to withdraw (ECF 76 ) is granted. The Clerk is directed to terminate attorney Goettel from the docket. Signed by District Judge Andrew G. Schopler on 05/20/2024. (no document attached) (mxa) (Entered: 05/20/2024)

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May 20, 2024

Order on Motion to Withdraw as Attorney

78 June 5, 2024

NOTICE of Presidential Proclamation by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Shinners, Katherine) (jms). (Entered: 06/05/2024)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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79 June 6, 2024

ORDER (AGS): On June 5, 2024, defendant filed a notice that contends the President's recent action on immigration is relevant to Plaintiffs' claims in this matter concerning operations at land ports of entry along the U.S.-Mexico border. (ECF 78, at 2.) Although defendant outlined that Presidential action, he did not explain how he believes it might affect plaintiffs' claims or this lawsuit. By June 20, 2024, plaintiffs may file a brief, limited to 10 pages, explaining what impact this action has on either their claims or the motion currently under submission. Defendant may file a response, also no longer than 10 pages, by June 27, 2024. Signed by District Judge Andrew G. Schopler on 06/06/2024.(no document attached) (mxa) (Entered: 06/06/2024)

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June 6, 2024

Order

80 June 20, 2024

RESPONSE re 78 Notice (Other) Plaintiffs' Brief Regarding Presidential Proclamation filed by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Declaration of Stephen Medlock, # 2 Exhibit 1)(Medlock, Stephen) (jms). (Entered: 06/20/2024)

1 Declaration of Stephen Medlock

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2 Exhibit 1

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81 June 27, 2024

RESPONSE re 80 Response - Other, Response to Plaintiffs' Brief Regarding Presidential Proclamation filed by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino. (Shinners, Katherine) (jms). (Entered: 06/27/2024)

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82 June 28, 2024

NOTICE of Appearance by Dulce Stephanie Rodas on behalf of Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance (Rodas, Dulce)Attorney Dulce Stephanie Rodas added to party Al Otro Lado, Inc.(pty:pla), Attorney Dulce Stephanie Rodas added to party Alexander Doe(pty:pla), Attorney Dulce Stephanie Rodas added to party Elena Doe(pty:pla), Attorney Dulce Stephanie Rodas added to party Laura Doe(pty:pla), Attorney Dulce Stephanie Rodas added to party Luisa Doe(pty:pla), Attorney Dulce Stephanie Rodas added to party Natasha Doe(pty:pla), Attorney Dulce Stephanie Rodas added to party Pablo Doe(pty:pla), Attorney Dulce Stephanie Rodas added to party Somar Doe(pty:pla), Attorney Dulce Stephanie Rodas added to party Diego Doe (pty:pla), Attorney Dulce Stephanie Rodas added to party Guadalupe Doe (pty:pla), Attorney Dulce Stephanie Rodas added to party Michelle Doe (pty:pla), Attorney Dulce Stephanie Rodas added to party Haitian Bridge Alliance(pty:pla) (jms). (Entered: 06/28/2024)

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83 July 12, 2024

NOTICE of Supplemental Authority by Alejandro N. Mayorkas, Troy A. Miller, Diane J. Sabatino re 68 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Shinners, Katherine) (jms). (Entered: 07/12/2024)

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84 July 12, 2024

MOTION to Withdraw as Attorney Gianna Borroto by Al Otro Lado, Inc., Alexander Doe, Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Attachments: # 1 Declaration)(Borroto, Gianna) (jms). (Entered: 07/12/2024)

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85 July 15, 2024

ORDER (AGS): Plaintiffs' motion to withdraw Gianna Borroto as counsel (ECF 84 ) is granted. Signed by District Judge Andrew G. Schopler on 07/15/2024. (no document attached) (mxa) (Entered: 07/15/2024)

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86 July 15, 2024

ORDER (AGS): By July 22, 2024, plaintiffs must file any response, limited to no more than 10 pages, to defendants' notice of supplemental authority (ECF 83 ). Signed by District Judge Andrew G. Schopler on 07/15/2024.(no document attached) (mxa) (Entered: 07/15/2024)

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July 15, 2024

Order

July 15, 2024

Order on Motion to Withdraw as Attorney

87 July 22, 2024

RESPONSE re 83 Notice (Other) of Supplemental Authority filed by Al Otro Lado, Inc., Elena Doe, Laura Doe, Luisa Doe, Natasha Doe, Pablo Doe, Somar Doe, Diego Doe, Guadalupe Doe, Michelle Doe, Haitian Bridge Alliance. (Medlock, Stephen) (jms). (Entered: 07/22/2024)

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88 July 22, 2024

Request to Appear Pro Hac Vice ( Filing fee received: $ 224 receipt number ACASDC-19035449.) (Application to be reviewed by Clerk.) (Nutter, Ethan) (exs). (Entered: 07/22/2024)

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Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 27, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two immigrants’ rights nonprofits and ten individual asylum seekers, on behalf of similarly situated noncitizens.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal

U.S. Customs and Border Protection

U.S. Department of Homeland Security

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Alien Tort Claims Act (ATCA), 28 U.S.C. §§ 1350

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Other Dockets:

Southern District of California 3:23-cv-01367

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Pattern or Practice

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Recommended Citation